35-865-Resolution No. 80-203 Recorded 9/18/1980R
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving an Agreement )
Between the City of Redmond, Oregon )
and Deschutes County, Oregon for )
the Joint Management of the Redmond
Urban Growth Boundary, the Plan for
Redmond Growth Area and the Redmond ) c -r`'''
Areas of Mutual Interest
RESOLUTION N0. 80-203
C23
WHEREAS, a form of agreement for the joint managen t,of
the Redmond Urban Growth Boundary, the plan for the Redmond Growth
Area and the Redmond areas of mutual interest has been proposed; and
WHEREAS, the agreement has been reviewed by the Board of
County Commissioners of Deschutes County, Oregon; and
WHEREAS, the agreement is satisfactory to the Board of
County Commissioners; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the agreement between the City of Redmond,
Oregon and DescFutes County, Oregon, marked Exhibit 1., attached
hereto and by this refere�ie incorporated herein, is hereby approved.
DATED this 0_—lday of 1980.
BOARD OF COUNTY COMMISSIONERS
nF T)V(ZruTTTFC rnTrnTTV NP V MM
ATTEST:
TAMMY Jg RTCHARDSON
Recording Secretary
RESOLUTION NO. 80-203, PAGE 1
4
"EXHIBIT 1"
VOL 35 PAGE 866
AGREEMENT BETWEEN THE CITY OF REDMOND, OREGON AND DESCHUTES
COUNTY, OREGON, FOR THE JOINT MANAGEMENT OF THE REDMOND URBAN
GROWTH BOUNDARY, THE PLAN FOR THE REDMOND GROWTH AREA AND THE
it REDMOND AREAS OF MUTUAL INTEREST.
WHEREAS, the City of Redmond, Oregon and Deschutes County, Oregon,
are authorized under the provisions of ORS 190.003 to 190.030 to
enter into intergovernmental agreements for the performance of any
or all functions that a party to the agreement has authority to
perform; and
WHEREAS, ORS. 197.175, 197.190, 197.250, 197.275 and 197.285 and
OAR 660-03-010 requires counties and cities to prepare and adopt
comprehensive plans consistent with statewide planning goals, and to
enact ordinances or regulations to implement the comprehensive plans,
and
WHEREAS, Statewide Planning Goal Number 14 requires that establishment
and change of urban growth boundaries shall be a cooperative process
between the city and the county that surrounds it; and
WHEREAS, the City of Redmond and Deschutes County recognize a common
concern regarding the accomodation of population growth and utilization
of lands adjacent to the City; and
WHEREAS, the City of Redmond and Deschutes County have adopted and
coordinated consistent comprehensive plans which establish an Urban
Growth Boundary, plan for the Urban Growth area, and policies related
to urban development and the provision of urban services within the
Urban Growth Area; and
WHEREAS, the City of Redmond and Deschutes County recognize that as
their comprehensive plan and implementing ordinances are amended
from time to time, that they shall remain consistent and coordinated
with each other; and
WHEREAS, the City of Redmond and Deschutes County recognize that it
is necessary to cooperate with each other to implement the urbani",
zation policies of their comprehensive plans.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. Intent of Agreement
a. The City of Redmond and Deschutes County hereby agree to
2.
VOL 35 PAGE 867
establish a procedure for the implementation of the Redmond
Urban Growth Boundary and the plan for the Redmond Urban
Growth Area, both of which form an integral part of the City
of Redmond Comprehensive Plan and the Deschutes County
Comprehensive Plan. For purposes of this agreement, the
Redmond Urban Growth Area shall be defined as the area between
the Redmond City limits and the Urban Growth Boundary. The
Urban Growth Boundary and the plan for the Urban Growth Area
are incorporated herein by reference as Exhibit "A".
b. The procedures for implementation of the Urban Growth Boundary
and the plan for the Urban Growth Area shall be as specified
hereinafter in this agreement.
C. The provisions of this agreement, the City of Redmond Compre-
hensive Plan and the Redmond Urban Area implementing ofdinances
as amended, shall establish the procedure for review and action
on comprehensive plan amendments, implementing ordinances,
land use actions, public improvement projects and other related
matters which pertain to the Urban Growth Area.
d. All actions as specified by this agreement shall be taken to
assure that the City and County Comprehensive Plans remain
consistent and coordinated with each other.
Comprehensive Plan and Implementing Ordinance Amendments:
a. All amendments to the text of the Redmond Urban Area plan and
implementing ordinances which are applicable solely within
the Redmond City limits shall be within the exclusive jurisdiction
of the city, (Exhibit B).
b. An amendment to the text of the Redmond Urban Area plan and
implementing ordinances which applies to lands both within and
without the city limits shall be enacted in accordance with the
following. procedures:
1. Whenever the city or county proposes a textual change in
the plan or implementing ordinances, it shall notify,ithe
other jurisdiction of the proposed change. The jurisdic-
tion so notified shall have 45 days to review the change
and forward its comments back to the initiating juris-
diction. Provided, however, that if immediate passage
of the proposed amendment(s) is deemed necessary a
shorter time for review and comment may be allowed by
the initiating jurisdiction so long as the time allowed
is not less than ten_'days.
2. At the completion of the review period, proposed changes
shall be forwarded to the Redmond Urban Area Planning
CVOL 35 PAGE 868
Commission for a review. Following their review,
the Planning Commission shall recommend to the
governing bodies approval, disapproval or modifica-
tion of the proposed amendment(s).
3. Upon receipt of the Planning Commission's recommendation,
the governing bodies shall set a date for a joint
public hearing.
4. Within fifteen days after the close of the hearing, the
governing bodies shall adopt findings of fact and adopt,
adopt with changes or deny the proposed amendments.
5. hf there is disagreement between the governing bodies,
either jurisdiction may seek review of the other
jurisdiction's decision from the Land Use Board of
Appeals, (see Exhibit B).
c. An amendment to the Redmond Urban Area plan maps or the
zoning maps shall be enacted in accordance with the
following procedures:
1. The City shall have exclusive jurisdiction for all
plan map amendments and zone map changes for lands
within the city limits. Provided, however, where
.it appears a zone change or plan map amendment will
have a substantial effect on lands outside the city
limits, the city shall notify the county of the
proposed changes and afford the county the same
opportunity for review as set forth in section
2(B)(1) of this agreement.
2. The county shall have exclusive jurisdiction for
all plan map amendments and zone map changes in
the urban growth area, (lands outside the city
but within the urban growth boundary). Provided,
however, the county shall notify the city of all
proposed map changes and afford the city the same
opportunity for review as set forth in section 2
(B)(1) of this agreement (see Exhibit B).
3. Following staff review, the applicable jurisdiction
shall set a date for a public hearing on the proposed
change before the Redmond Urban Area Planning
Commission. Following the hearing, the Planning
Commission shall recommend to the -applicable governing
body approval, modification or disapproval of the
proposed change.
4. Upon receipt of the Planning Commission's recommend-
ation, the applicable governing body shall set a
date for a public hearing on the proposed amendment.
5. Within fifteen days after the close of the hearing,
the applicable governing body shall adopt findings
E VOL 35 PAGE 869
of fact and adopt, adopt with changes or
deny the proposed amendment see Exhibit B).
6. The city and county shall have standing to appeal
all map.amendments of the Redmond Urban Area
Comprehensive Plan and implementing ordinances
enacted by the other jurisdiction to the Land Use
Board of Appeals.
3. Review Process for Land Use Actions. The City and County shall
use the following process for review and action on proposed
land use actions which are being considered in the Urban Growth
Area.
Deschutes County shall retain jurisdiction over land use
decisions within the Urban Growth Area and such decisions shall
conform to these adopted policies:
a. Recognizing that unincorporated areas within the urban
growth boundary could ultimately become part of the City
of Redmond, the City's recommendation shall be considered.
It is the intent of the County to administer a mutually
adopted city/county policy in the urbanizable area until
such time as the area is annexed.
b. The county shall send to the city a..notice of pending
applications for land use changes within the unincorporated
urbanizable area. The city shall have 30 days to respond
from the date of notification. City recommendations shall
be included in the county staff report. No response by the
city to the request shall be presumed to mean no comment
regarding the proposal.
c. The city shall have the right to appeal all land use
decisions in the Urban Growth Area.
d. The City shall send to the county notice of pending land use
changes within the incorporated area which affect lands
under county jurisdiction. The county shall have 30 days
to respond from the date of notification. County recommend-
ations shall be included in the city staff report. No
response by the county to the request shall be presumed to
mean no comment regarding the proposal..
e. The county shall retain authority for issuance of building -
permit within the Urban Growth Area. Issuance of such
permits shall be in accordance with the plan and implementing
ordinances and this agreement.
4. Review Process for Other Land Use Activities. The city and county
shall use the following process for review and action on public
improvement projects, and similar programs, projects, or proposals
which will apply to the Urban Growth Area.
a. The county shall seek a recommmendation from the city with
regard to the following items which are within, or adjacent
to, or directly impact, the Urban Growth Area and for which
the county has ultimate decision-making capacity:
1. Capital improvement programs
2. Functional plan, or amendment thereto for utilities,
drainage, solid waste, transportation, recreation or
other similar activity.
3. Plan, or amendment thereto, for economic, development,
or industrial development.
4.
5.
6.
VOL 35 PAGE 870
Proposal for formation of, or changes of boundary or
functions of special service districts, as these terms
are defined in ORS 198.705 and ORS 198.710, except as
provided in ORS 199.410 and 199.512.'
Recommendations for designation of an area as a health
hazard.
Other plans or proposals similar to'the above.
b. The City shall seek a recommendation from the County with
regard to the following items which will affect the Urban
Growth Area for which the City has ultimate decision-making
capacity:
1. Proposals for annexation to the City
2. Capital improvement programs
3. Functional plans, or amendments thereto, for utilities,
drainage, recreation, transportation, or other similar
activity
4. Plans, or amendments thereto, for economic development
or industrial development.
5. Proposals for the extra -territorial extension of any city
service, utility or facility, or the service area for any
of the above.
6. Other plans or proposals similar to the above.
C. The initiating jurisdiction shall allow the responding jurisdic-
tion 45 days to review and submit recommendations with regard
to the items listed in Sections 4a and 4b.. Additional time
may be provided at the request of the responding jurisdiction
and with the concurrence of the initiating jurisdiction.
d. The initiating jurisdiction shall consider, and is obligated
to respond to, as appropriate, the recommendations of the
responding jurisdiction in making its decision. No response
by the responding jurisdiction to the r.equest.shall be
presumed to mean no comment on the proposal.
5. Area of Mutual Interest.
a.
The City and County agree to establish an area of Mutual Interest
outside of the Redmond Urban Growth Boundary. A map of the
Redmond Area of Mutual Interest is attached to the agreement
as Exhibit "C.' This area of mutual interest encompasses 909
acres of land located south of the Redmond Municipal Airport.
This land is now partially owned by Deschutes County and its
character is that ofr•open space or farmland. The city and
county agree that this land is to be designated as an industrial
reserve. No land use shall.be approved that would be incompatible
with the future use of this property as industrial land. The
County shall give the City a minimum of 15 days to review and
submit recommendations to the county with regard to the following
activities which will apply to the Area of Mutual Interest.
1. Provisions of. the County Comprehensive Plan, or amendments
thereto.
2. Amendments to the text of the County zoning ordinance or to
the zoning map.
3. Conditional use permits
4. Planned unit developments
5. Subdivisions
6. Major public works projects, including transportation
projects.
7. Formation of, or changes of boundary or function of,
special service districts.
6.
8. Other plans or proposals similar to the abo a 35 PAGE871
b. If the City does not make any recommendations to the County
within 15 days after the County gives the City notice of the
proposed activities, it shall be presumed that the City has
no comments on the proposal. The County shall consider, and
if appropriate, respond to, the recommendations of the City in
making its decision. Nothing contained in this section shall
be construed to give the City any right to appeal a decision
of the County to the Land Use Board of Appeals unless the
interests of the City are adversely affected by the decision
of the County. The City hereby expressly waives any right to
such an appeal except when the interests of the City areadversel
affected by the decisions of the County.
Special Provisions
a. Annexations
1.
2.
3
4.
City annexation shall occur only within the officially
adopted urban growth boundary.
Specific annexation decisions shall be governed by the
annexation policies of the City of Redmond. The City will
provide an opportunity for the County to respond to annexation
requests.
Establishment of the urban growth boundary does not imply
that all land included within the boundary will be annexed
to the City.
Development of land for uses designated on the comprehensive
plan will be encouraged to occur on undeveloped lands adjacent
to or encompassed by the existing city limits prior to the
conversion of other lands within the boundary..
b. Urban Services
1. The Sewerage Facilities Plan shall be in the controlling
guideline for future sewer construction within.the planning
area until more detailed engineering consistent with the
Plan's intent is available.
a. Annexation to the City will be encouraged over the
formation or expansion of special districts.
b. The County will approve subdivision developments
that are consistent with the facilities plan and
provide sewers or bonds that will guarantee sewer
installation within the boundary.
2. The City, County and affected agencies shall coordinate the
expansion and development of all urban facilities and
services within the urbanizable area.
a. Provisions for urban facilities and services shall
be planned in a manner limiting duplication in an
effort to provide greater efficiency and economy
of operation.
b. The County shall require a waiver of.remonstrance
to the future extension of urban facilities before
approval for any subdivision or land partition
outside the city limits unless urban services are
to be provided as part of the development.
7. Public Works Construction Standards.
a. The County and City shall cooperatively develop construction and
physical development standards related to roads, and drainage
Cvo� 35 PAA7
systems, in order to assure that an adequate transition
may be made from a semi -rural to an urban environment and
from County to City jurisdiction.
b. If there are improvements needed in the urban growth area,
the county shall prioritize those for arterial and collector
streets within the urban growth area.
8. Special District Coordina+-ion.
a. When a special district situated fully or partly within the
urban growth area has entered into an intergovernmental
coordination agreement with the county and the city it shall
be given the opportunity to review and comment on the various
land use actions and activities as specified in sections 2
through 4 of this agreement.
b. If_ such an agreement is entered into, the special districts
shall give the city and county the opportunity to review and
comment on the following activities which will apply to the
urban growth area.
1. Major public works projects to be provided by the district.
2. Plans for establishment, improvement, or extension of
facilities provided by the district.
3. Capital improvement programs which are being developed by
the district.
9. Enforcement
The county shall be responsible for enforcement of all Land
Use Ordinances within the urban growth area. All enforcement
action shall be taken in accordance with the enforcement provisions
of the Redmond Urban Area Land Use Ordinances.
10. Review, Amendment, and Termination
a. This agreement may be reviewed and amended at any time by
mutual consent of both parties, after public hearing by the
City Council and the Board of County Commissioners.
b. This agreement shall be reviewed, and may be amended, at the
time established for review of the City Comprehensive Plan.
c. Any modifications in this agreement shall be consistent with
the City and County Comprehensive Plans.
d.. This agreement may be terminated by either party under the
following procedure:
1. A public hearing shall be called by the party considering
termination. The party shall give the other party notice
of hearing at least 40 days prior to the scheduled hearing
date. The 40 day period shall be used by both parties to
seek resolution of differences.
2. Public notice of the hearing shall be in.accordance with
applicable statewide and local goals and statutes.
3. An established date for termination of the agreement shall
be at least 90 days after the public hearing in order to
provide ample time for resolution of differences.
11. Definitions
Urban Growth Boundary: An urban growth boundary is a boundary
line imposed on the Redmond Urban Area Plan which identifies
and encompasses urban and urbanizable lands within Deschutes
County according to the following definitions:
Urban Land: Residential areas generally comprised of parcels of
less than five acres in area, or highly developed commercial and
industrial area which are contained within Redmond of which contain
3
t VOL 5 PbGE `I
concentrations of persons who generally reside or work in
the city, including lands adjacent to and outside of Redmond
and which have supporting urban facilities and services.
Urbanizable Land: Areas within the adopted urban growth boundary
which are needed for expansion of the urban area and which have
been determined to be necessary and suitable for development as
future urban land and which can be served with supporting public
facilities and services.
Urban Facilities and Services: Basic facilities that are
primarily planned for by local government but which also may
be provided by private enterprise and are essential to the support
of development in accordance with the Comprehensive Plan. Urban,
facilities and services include police protection, fire protection,
sanitary facilities, storm drainage facilities, planning, zoning
and subdivision control, health services, recreation facilities
and services, energy and communication services, and community
governmental.services (including schools and transportation).
IN WITNESS WHEREOF, this Urban Growth Are Ma age ent Agreement
is signed and executed this day o , 1980.
CM OF REDMOND,
B
Mayor
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Abe Young, Chairman I
Clay Shepard, Commissioner
Bob Paulson, Commissioner I
` VOL 35 PAGES 14
Exhibit B
Textual Changes to the Plan and Ordinances
(Interim and biennial review)
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